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IN ,THE ~TRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY ~
FLORIDA. ~
CASE NO. 87-187-CA-18
CHARLES F. VIOHL, ~
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Plaintif f , ~ -
vs ~ ~
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ROBERT C . KNO~n1LES ,
C - C'A
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Defendant. v
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ORDER ON SERVICE OF PROCESS ~
AND PETITIONER'S ~IOTION POR DEFAULT
This Cause came before the Court on April 16, 1987.
At the time of the hearxnq, the Respondent appeared
snecially contesting this Court's jurisdiction on the basis
that he had not been properly served with process and request-
ing this case to be dismissed.
In reviewing the file, it is clear that Respondent was
not properly served in accordance with F.S. 48.C~21 and F.S.
48.031. At the time of the hearing, the Court explained the
requirements of those statutes to Petitioner.
Subsequently (by letter dated April 20, 1987), Petitioner
requested the Court issue a defauZt against Resgondent.
Notwithstanding whether Petitioner's action does or
does not have merit, this Court simply lacks jurisdiction over
the Respondent in this case and cannot oroceed until that is
oroperly attained, Galarza v Arregui, 422 So.2d 1091 (Fla. 3rd
DCA 1982). It is thereupon
ORDERED as follows:
.
I. Service of process in this matter is quashed for
failure to comply with F.S. 48.021 and F.S. 48.031.
2. Petitioner shall have thirty (30) days to effectuate
proper service or this case shall be deemed dismissed ~or lack of
personal jurisdiction over the Respondent, Galarza, supra.,
without prejudice. •
3. Petitioner's Motion for default against Respondent
is denied. ~
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goQK 540 PA~E 933
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